DoFD for Cap1?

[Anonymous]

How do I find out the real DoFD for a Capital One account? The CA is reporting 2012 when it was transferred to outside collections, but I know it was sometime in 2011 that I made a $1,500.00 payment. I remember the CSR asking if I wanted to reactivate my account but I foolishly said no and hadn't made another payment since until Jan 2016. I no longer have the bank account I used to make that payment or I would see if the bank could dig up some records. I don't see anything on the statement/back-up that the CA provided as verification on the debt. I'm going to try for GW first but I'd like to make sure their reporting is air-tight in the event I might be able to have it removed if GW doesn't work. Do you think Cap1 would divulge that info? I have my old account number and am a current customer of theirs. Funny thing is, that old Cap1 card that was charged off still shows up in the list when I go to the section of the website for closing accounts. I don't have access to any statement or payment info on it, unfortunately. 

Thank you in advance!

[RobertEG]

The primary documentation for establishing the actual DOFD is your billing statements on the account, which show the monthly status.

The month that you first became delinquent, and then thereafter remained delinquent, is the DOFD.

Having made a payment does not establish when the accunt first became delinquent, or whether it remainded delinquent after the payment was made.

If the payment put the account back into good-standing, then it would NOT establish a DOFD.  The next delinquency after its return to good-standing would establish a new DOFD that would then apply to any subsequent collection.

You state that the OC did a charge-off. Do you know when they took the CO?  If so, the DOFD must precede the date of the CO.

Was that charge-off ever reported to the CRA?  If so, they were required to have provided the DOFD to the CRA.

If they did not provide the DOFD to the CRA, then the debt collector was required to have contacted the OC and attempt to obtain the DOFD.

If they did so and the OC provided them a date, they are in compliance if they reported that date.

It would then be up to you to present documentation, such as billing statements, to establish a different factual DOFD.

[Anonymous]

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@RobertEG wrote:

The primary documentation for establishing the actual DOFD is your billing statements on the account, which show the monthly status.

The month that you first became delinquent, and then thereafter remained delinquent, is the DOFD.

Having made a payment does not establish when the accunt first became delinquent, or whether it remainded delinquent after the payment was made.

If the payment put the account back into good-standing, then it would NOT establish a DOFD.  The next delinquency after its return to good-standing would establish a new DOFD that would then apply to any subsequent collection.

You state that the OC did a charge-off. Do you know when they took the CO?  If so, the DOFD must precede the date of the CO.

Was that charge-off ever reported to the CRA?  If so, they were required to have provided the DOFD to the CRA.

If they did not provide the DOFD to the CRA, then the debt collector was required to have contacted the OC and attempt to obtain the DOFD.

If they did so and the OC provided them a date, they are in compliance if they reported that date.

It would then be up to you to present documentation, such as billing statements, to establish a different factual DOFD.

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Thank you, I unfortunately don't have any billing statements and the debt is only reported by the CA and not the CO. I can't see any payment history in my accounts and I really don't remember when exactly the last payment was made. I highly doubt the payment brought my account back into good standing. Maybe I can call Cap1 and poke around for some more info. I'm more concerned about the debt being reported to the CRA's beyond the 7 years +180 from when it actually should be. I would like my credit score to get credit for "time served". I also don't want to trigger any additional negative reporting until this is completely paid off. 

[Anonymous]

You can pull your credit reports and see what they have for the DoFD, or maybe call the CRA's and ask them

[RobertEG]

Many commercial credit reports dont show the reported DOFD, not because it was not reported, but because they dont choose to do so, likely under the assumption that most consumers have no idea what a DOFD is,and thus it will only confuse.

The debt collector was required to have reported the DOFD to the CRA no later than 90 days after having reported their collection (FCRA 623(a)(5)), so it is in your file.

The CRAs are responsible for monitoring the reported DOFD, and ensuring that they exclude no later than 7 years plus 180 days from the DOFD.  They normally exclude at 7 years.  There is no need to remind them or request exclusion.... they rarely miss a required exclusion date. 

Check your credit report at annualcreditreport.com, as it will lilely show the reported DOFD.

[Anonymous]

Thanks all, I must have made that payment in 2012 and it must have brought my account current. TU is saying it's due to fall off in 2019. They are only showing the date that it was placed for collections which is 2014. I really screwed myself by paying them $1,500.00 and never following up with any subsequent payments, that was well over half the balance I owed! Now interest has helped the overall balance climb well over what it was before I made the $1,500.00 payment!  That would have been a nice 3,500CL tradeline to keep, now that I know more about credit. Lesson learned.